Garden World / Floramedia Demand Frequently Asked Questions

We understand you may have some questions about this legal claim. Please review the following information.

** Text and Images Courtesy of Garden World / Floramedia **

Garden World Images & Floramedia

Garden World Images has focused on licensing horticultural and floral images for over 50 years. They take the time to cultivate their collections of photographs, representing some of the leading photographers in the world. Currently, they are one of the largest suppliers of horticultural images with a catalog over 2 million images. On behalf of the photographers, Garden World Images has the exclusive right to license this content, and in turn, to pursue violations of those exclusive rights.

Copyright Basics

Copyright exists as soon as an image is fixed in tangible form, including digital formats. Only the creator of that work, or his authorized representative Garden World Images, is able to grant you permission to use the work. Copyright protection does not require registration or a copyright notice on the imagery, but if you visit their website, you can see Garden World Images’ watermark on these photos in the bottom right corner of the image.

Search Engines

Sometimes people search the internet for inspiration and content for their websites using search engines such as Google or Yahoo! Search. These websites use technology to return content that fits your search terms. They are not image licensing companies nor do they have the appropriate rights to grant permission for you to use the content. These websites have notices that the images may be protected by copyright. You must verify that you have the proper permission prior to using the work. Simply copying it from search results is not sufficient to obtain a license.

Removal of Images

The images must be removed as a condition of settlement. But, removal is not the only action required to resolve this matter. You must still remit the requested settlement payment so that Garden World Images and its photographers are compensated for the prior unlicensed use. If you are concerned about your ability to pay the requested settlement amount, please contact our office to discuss.

Designers, Students, an Third Party Involvement
A lot of work goes into the creation of a website, some of which is done by a website designer, intern, or student acting on your behalf. As part of that relationship, and under copyright law, you are liable for any infringement that they may commit in creating your website. If they may have purchased a license for the image, please contact our office with the sales order number and purchaser’s name. In an effort to limit our client’s additional damages, we are unable to contact your designer on your behalf but look forward to speaking with them if they contact our office.

Continued Use

You may purchase a license to use the image going forward, but first we need to receive payment for the prior use. Payment for the prior use does not grant permission to use the image in the future, and vice versa, purchase of a future license does not resolve the past use. If you have questions, please contact us.